[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)]
[Notices]
[Pages 16628-16629]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8829]


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NUCLEAR REGULATORY COMMISSION


Commonwealth of Massachusetts: Discontinuance of Certain 
Commission Regulatory Authority Within the Commonwealth

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of agreement with the Commonwealth of Massachusetts.

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SUMMARY: Notice is hereby given that Shirley Ann Jackson, Chairman of 
the U.S. Nuclear Regulatory Commission (NRC) and William F. Weld, 
Governor of the Commonwealth of Massachusetts, have signed the 
Agreement set forth below for the discontinuance by the Commission and 
assumption by the Commonwealth of certain Commission regulatory 
authority. The Agreement is published pursuant to Section 274 of the 
Atomic Energy Act of 1954, as amended. Under the Agreement, certain 
persons would be exempted from certain of the regulatory requirements 
of the Commission. The pertinent exemptions have been previously 
published in the Federal Register and are codified in the Commission's 
regulations as 10 CFR part 150.

FOR FURTHER INFORMATION CONTACT: Richard L. Blanton, Office of State 
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001. Telephone (301) 415-2322 or e-mail [email protected].
    The draft of the Agreement was published in the Federal Register 
for comment on four separate dates (see, e.g. 61 FR 68066, December 26, 
1996). One comment was received which requested that NRC retain 
jurisdiction over a site listed on the Site Decommissioning Management 
Plan (SDMP) until the NRC license for the site is terminated. NRC 
expedited the actions necessary to terminate the subject SDMP site 
license and on March 21, 1997, NRC terminated the license and removed 
the site from the SDMP list.
Appendix--Text of the Agreement

Agreement Between the United States Nuclear Regulatory Commission 
and the Commonwealth of Massachusetts for the Discontinuance of 
Certain Commission Regulatory Authority and Responsibility Within 
the Commonwealth Pursuant to Section 274 of the Atomic Energy Act 
of 1954, as Amended

    Whereas, The United States Nuclear Regulatory Commission 
(hereinafter referred to as the Commission) is authorized under Section 
274 of the Atomic Energy Act of 1954, as amended (hereinafter referred 
to as the Act), to enter into agreements with the Governor of any State 
providing for discontinuance of the regulatory authority of the 
Commission within the State under Chapters 6, 7, and 8, and Section 161 
of the Act with respect to by-product materials as defined in Sections 
11e.(1) and (2) of the Act, source materials, and special nuclear 
materials in quantities not sufficient to form a critical mass; and,
    Whereas, The Governor of the Commonwealth of Massachusetts is 
authorized under Massachusetts General Laws, Chapter 111H, to enter 
into this Agreement with the Commission; and,
    Whereas, The Governor of the Commonwealth of Massachusetts 
certified on March 28, 1996, that the Commonwealth of Massachusetts 
(hereinafter referred to as the Commonwealth) has a program for the 
control of radiation hazards adequate to protect public health and 
safety with respect to the materials within the Commonwealth covered by 
this Agreement, and that the Commonwealth desires to assume regulatory 
responsibility for such materials; and,
    Whereas, The Commission found on March 3, 1997, that the program of 
the Commonwealth for the regulation of the materials covered by this 
Agreement is compatible with the Commission's program for the 
regulation of such materials and is adequate to protect public health 
and safety; and,
    Whereas, The Commonwealth and the Commission recognize the 
desirability and importance of cooperation between the Commission and 
the Commonwealth in the formulation of standards for protection against 
hazards of radiation and in assuring that Commonwealth and Commission 
programs for protection against hazards

[[Page 16629]]

of radiation will be coordinated and compatible; and,
    Whereas, The Commission and the Commonwealth recognize the 
desirability of reciprocal recognition of licenses and exemptions from 
licensing of those materials subject to this Agreement; and,
    Whereas, This Agreement is entered into pursuant to the provisions 
of the Atomic Energy Act of 1954, as amended;
    Now, Therefore, It is hereby agreed between the Commission and the 
Governor of the Commonwealth, acting in behalf of the Commonwealth, as 
follows:

Article I

    Subject to the exceptions provided in Articles II, IV, and V, the 
Commission shall discontinue, as of the effective date of this 
Agreement, the regulatory authority of the Commission in the 
Commonwealth under Chapters 6, 7, and 8, and Section 161 of the Act 
with respect to the following materials:
    A. By-product materials as defined in Section 11e.(1) of the Act;
    B. Source materials;
    C. Special nuclear materials in quantities not sufficient to form a 
critical mass; and,
    D. Licensing of Low-Level Radioactive Waste Facilities.

Article II

    This Agreement does not provide for discontinuance of any authority 
and the Commission shall retain authority and responsibility with 
respect to regulation of:
    A. The construction and operation of any production or utilization 
facility;
    B. The export from or import into the United States of by-product, 
source, or special nuclear material, or of any production or 
utilization facility;
    C. The disposal into the ocean or sea of by-product, source, or 
special nuclear waste materials as defined in regulations or orders of 
the Commission;
    D. The disposal of such other by-product, source, or special 
nuclear material as the Commission from time to time determines by 
regulation or order should, because of the hazards or potential hazards 
thereof, not be so disposed of without a license from the Commission; 
and,
    E. The extraction or concentration of source material from source 
material ore and the management and disposal of the resulting by-
product material.

Article III

    This Agreement may be amended, upon application by the Commonwealth 
and approval by the Commission, to include the additional area(s) 
specified in Article II, paragraph E, whereby the Commonwealth can 
exert regulatory control over the materials stated therein.

Article IV

    Notwithstanding this Agreement, the Commission may from time to 
time by rule, regulation, or order, require that the manufacturer, 
processor, or producer of any equipment, device, commodity, or other 
product containing source, by-product, or special nuclear material 
shall not transfer possession or control of such product except 
pursuant to a license or an exemption from licensing issued by the 
Commission.

Article V

    This Agreement shall not affect the authority of the Commission 
under Subsection 161b or 161i of the Act to issue rules, regulations, 
or orders to protect the common defense and security, to protect 
restricted data or to guard against the loss or diversion of special 
nuclear material.

Article VI

    The Commission will use its best efforts to cooperate with the 
Commonwealth and other Agreement States in the formulation of standards 
and regulatory programs of the Commonwealth and the Commission for 
protection against hazards of radiation and to assure that Commonwealth 
and Commission programs for protection against hazards of radiation 
will be coordinated and compatible. The Commonwealth will use its best 
efforts to cooperate with the Commission and other Agreement States in 
the formulation of standards and regulatory programs of the 
Commonwealth and the Commission for protection against hazards of 
radiation and to assure that the Commonwealth's program will continue 
to be compatible with the program of the Commission for the regulation 
of like materials. The Commonwealth and the Commission will use their 
best efforts to keep each other informed of proposed changes in their 
respective rules and regulations and licensing, inspection and 
enforcement policies and criteria, and to obtain the comments and 
assistance of the other party thereon.

Article VII

    The Commission and the Commonwealth agree that it is desirable to 
provide reciprocal recognition of licenses for the materials listed in 
Article I licensed by the other party or by any other Agreement State. 
Accordingly, the Commission and the State agree to use their best 
efforts to develop appropriate rules, regulations, and procedures by 
which such reciprocity will be accorded.

Article VIII

    The Commission, upon its own initiative after reasonable notice and 
opportunity for hearing to the Commonwealth, or upon request of the 
Governor of the Commonwealth, may terminate or suspend all or part of 
this Agreement and reassert the licensing and regulatory authority 
vested in it under the Act if the Commission finds that (1) such 
termination or suspension is required to protect public health and 
safety, or (2) the Commonwealth has not complied with one or more of 
the requirements of Section 274 of the Act. The Commission may also, 
pursuant to Section 274j of the Act, temporarily suspend all or part of 
this Agreement if, in the judgment of the Commission, an emergency 
situation exists requiring immediate action to protect public health 
and safety and the Commonwealth has failed to take necessary steps. The 
Commission shall periodically review this Agreement and actions taken 
by the Commonwealth under this Agreement to ensure compliance with 
Section 274 of the Act.

Article IX

    This Agreement shall become effective on March 21, 1997, and shall 
remain in effect unless and until such time as it is terminated 
pursuant to Article VIII.

    Done at Rockville, Maryland, in triplicate, this 10th day of 
March, 1997.
    For the United States Nuclear Regulatory Commission.
Shirley Ann Jackson,
Chairman.

    Done at Boston, Massachusetts, in triplicate, this 19th day of 
March, 1997.
    For the Commonwealth of Massachusetts.
William F. Weld,
Governor.

    Dated at Rockville, MD., this 1st day of April, 1997.

    For the U. S. Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 97-8829 Filed 4-4-97; 8:45 am]
BILLING CODE 7590-01-P